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06.b UDC Amendment for Major Subdivision Design Standards - PC Packet Date of Meeting: February 4, 2025 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: UDC Amendment for Major Subdivision Design Standards City staff have prepared a draft ordinance that would amend a section of the Unified Development Code to address concerns around higher density developments throughout the City. BACKGROUND In June of 2023, the City identified an error in the 2040 Comprehensive Plan regarding density because of an application that proposed development in a Village Neighborhood guided area. Staff have reviewed densities within the Comprehensive Plan and have attached a draft copy of the Comprehensive Plan to detail the proposed changes. The Council discussed the issue at their June 20, 2023, meeting and gave directions to amend the Comprehensive Plan. At the same meeting, the Council identified parcels on the Future Land Use Map that were incorrectly guided. As part of the review for the “Laurel Ridge” plat, a number of concerns were raised by members of the public, the Planning Commission, and City Council regarding the standards for development and subdivision in the City. Staff presented draft standards to the City Council on November 19, 2024, along with an amendment to density in the Village Districts. The Council requested staff bring the standards to the Planning Commission as a separate item so that the two issues could be considered individually. Staff brought language before the Planning Commission and City Council regarding Village District standards and additional consideration regarding how major subdivisions were developed. Council directed staff at their December 17, 2024, meeting to proceed with an amendment that would impact all Major Subdivisions in the City rather than focusing specifically on the Village District. OVERVIEW OF PROPOSED STANDARDS After discussion with Sector Representatives from the Metropolitan Council, it is the staff’s understanding that language in the UDC can be amended to apply development and design standards to development that would develop at higher densities, if the standards are not part of subjective approval. When adopting ordinances, Councils act in a legislative manner where, so long as there is a basis for a standard to be adopted and it is not arbitrary and capricious, 2 | P a g e standards can be established for uses to be met. Once adopted this language then must be enforced in a quasi-judicial sense, which is to say, the City is bound by the adopted standards as much as any applicant is. In adopting standards for major subdivisions, a subdivision that results in four or more lots, the City is establishing standards that if met by an applicant, must be approved. The following sections include the proposed language within the draft ordinance with deletions shown as strikethrough text and new language as red underlined text. Draft Ordinance - Section 1 (A) General Standards III. Minor or Major Subdivision. Any subdivision that results in three or less lots shall be considered a Minor Subdivision. Any subdivision that results in four or more lots shall be considered a Major Subdivision. The additional standards and requirements in Section [153.400.030 Subd. 3 (I)] shall only apply to Major Subdivisions. Section 1 establishes language in (A) General Standards for Minor or Major Subdivisions. This is intended to both establish the difference between minor and major subdivisions and also direct users of the code to the section where standards for major subdivisions are established. Draft Ordinance – Section 2 (G) Streets, Access Spacing Guidelines. (H) VIII. Utilities Numbering within sections of the Unified Development Code shall be adjusted in tandem to include the amendments within this ordinance. Section 2 of the Ordinance fixes a numbering issue within the UDC. Draft Ordinance - Section 3 (I) Major Subdivisions. Any subdivision that results in four or more lots shall meet or exceed the following: The General Standards in (A) are established to note that the minimum standards located in the same chapter must still be met. These include standards for submittal information, lot requirements, monuments, and streets. Buffers. A no build zone (buffer) between the proposed buildable lots and the subdivision boundary shall be derived as follows: 3 | P a g e i. Streets 1. A 300-foot buffer from the centerline of an arterial street, or a 200- foot buffer from right-of-way, whichever is greater. 2. A 200-foot buffer from the centerline of a collector street, or a 100- foot buffer from right-of-way, whichever is greater. 3. A 100-foot buffer from the centerline of an existing local street, or a 50-foot buffer from right-of-way, whichever is greater. ii. Adjacent Property 1. A 100-foot buffer from all adjacent property lines; or 2. A 200-foot buffer from all existing residential dwellings within an abutting residential development, whichever is greater. iii. The buffer shall not be a part of a buildable lot. Areas within the buffer shall be platted as outlot and may contain sewage treatment systems and stormwater management facilities. Any common assets within the buffer must be maintained, ensuring standards within this code and any conditions included with the approval of the subdivision are maintained. Staff have included a requirement for buffers within the subdivision to require that development is setback from roadways and adjacent properties. These buffered areas can be used for stormwater management or communal sewage treatment if approved. A party will be required to maintain these areas. Soils Analysis. A certified septic designer or soils scientist shall complete a review of the soils on the site and categorize all areas as highly suitable for septic systems, moderately suitable for septic systems, or poorly suited for septic systems. Septic Design. Based on the soils analysis, an applicant must identify whether the proposed development will be serviced by individual septic tanks and drain fields, or via a system of individual septic tanks which utilize one or more communal drain fields. a. All sewage treatment systems shall be in compliance with Washington County Development Code Chapter Four Subsurface Sewage Treatment System Regulations. b. If individual septic tanks and drain fields can be supported by the available soils and is the chosen methodology to serve the development, all proposed lots must be able to provide primary and secondary drain field sites on each lot (outside of drainage and utility easements) and must meet the minimum lot size standards outlined herein. c. If individual septic tanks which utilize a communal drain field (or fields) is the chosen methodology to serve the development, then the locations for communal drain fields shall be identified within the areas deemed the most suitable on the 4 | P a g e site for supporting septic utilities according to the soils analysis. All such areas shall be clearly denoted on the provided plan sets. Language regarding septic is largely a reference to Washington County’s requirements, as the County reviews all septic systems. Any applicant would be required to submit information showing that any proposed sewage treatment method can be achieved. Identification of Preferred Building Pad Locations. Building pad locations, up to the maximum number of units permitted, which preserve natural topography and drainageways, minimize tree loss, protect historic sites or structures, and limit the need for soil removal and/or grading shall then be identified. The orientation of individual building sites shall maintain maximum natural topography and ground cover. a. Building pads shall be located outside of the required buffers and shall be sited so as to provide ample room for accessory structures on each proposed lot. b. If individual septic tanks and drain fields for each lot are to be utilized, locations for primary and secondary facilities for each proposed building pad shall also be identified. All such sites must be verified as being viable as a component of preliminary plat review. c. If individual septic tanks utilizing communal drain fields is intended, the plan must clearly identify which communal drain field will service each of the proposed building pads. Building pads are required to be identified to both preserve existing natural resources and ensure lot dimensional standards can be met. Identification of building pads also allows for septic to be determined and any issues with required easements to be determined. Streets. a. All lots shall have access from a local street. No access shall be permitted to any lot from a street designated as an arterial or collector. b. Streets shall be designed and located in such a manner as to: i. Maintain and preserve natural topography, groundcover, significant landmarks, historic barns, and trees. ii. Minimize cut and fill. iii. Preserve and enhance both internal and external views and vistas. iv. Promote road safety. v. Ensure adequate access for fire and rescue vehicles. vi. Ensure and promote adequate vehicular circulation both within the development and with adjacent neighborhoods. c. The design of streets and the dedication of right-of-way shall comply with the city's current engineering design standards and specifications as may be amended. 5 | P a g e d. Streets shall not encroach into a required buffer area unless it can be demonstrated that such an alignment is necessary to achieve the goals outlined above, and that no equivalent option exists outside of the buffer. Driving surfaces that cross the buffer area at a 90-degree angle to provide current or future access to an adjacent property or boundary road shall be the only exception. Language regarding streets is intended to ensure that developments at maximum density are served off local streets to limit access points along arterial and collector streets. Additional design standards are included so that natural features are preserved. Stormwater Management a. Subdivisions shall be designed to minimize the number of stormwater management facilities required. b. Stormwater management facilities shall be located near and accessible from right- of-way where practicable. c. All stormwater management facilities including emergency overflow pathways shall be located within drainage and utility easements and shall not promote surface flow outside of its respective easement. d. Emergency overflows from stormwater management facilities shall be directed away from adjacent properties and towards public right-of-way or public drainage systems to the fullest extent practicable. e. Stormwater treatment standards shall meet or exceed those established by the relative Watershed District stormwater management standards and/or the Minnesota NPDES permit conditions, whichever is more stringent. Stormwater management facilities will be required to minimize the number of facilities and to locate them near public right-of-way to ensure that the facilities can be maintained. Additional standards have been added to ensure stormwater management meets required permitting outside of the City and to ensure stormwater generated from development does not impact adjacent properties. Landscaping and Screening In addition to landscaping requirements established in this chapter, permanent vegetative screening with a depth of at least 20 feet shall be installed to screen the development from all arterial and collector roads. In order for subdivisions that utilize the maximum density possible to blend in with the character of Scandia, landscaping requirements have been included in addition to other requirements to screen developments from arterial and collector roads. This could be required before a building permits is issued or by an established date with a development agreement. 6 | P a g e ANALYSIS Staff Analysis Staff believes the proposed standards will result in a higher quality of development that ultimately is better for the City and landowners. The Planning Commission should discuss the proposed standards and vision for development within the City. Staff requests that the Commission further discuss the utilization and purpose of the buffer areas. The language regarding buffers was left in the draft ordinance as the language was presented to Council in this form. Staff ultimately believes that eliminating the buffers from the draft language may be appropriate. The buffers essentially establish an additional setback from streets where setbacks are already established in 153.200.030 for every district. Staff believes if added separation is wanted for various districts, the code should be amended so the district standards establish those standards. The buffers as described in the draft ordinance do have added standards compared to setbacks, as setbacks do not guide where local roads can be constructed and do not generally require public improvements that need to be maintained. As written, the ordinance was drafted to require higher buffer standards from more intensive street usages (arterial 300 ft., collector 200 ft., local 100 ft), with the intent of preserving scenic vistas and open space within the City. The inverse of these buffers, requiring larger buffers from local streets and smaller buffers from arterials, could be implemented if the Council desires to create more separation within local neighborhoods, rather than along major streets through the City. This language can still be adopted within the UDC if desired, but a future change may be in order to add additional references to the buffers throughout other portions of the UDC. Buffers could be limited so to be only required if a development is proposing lot averaging. Without a benefit for lot averaging this may lead to more traditional subdivision design, which can lead to complications in long term development and planning. Lot averaging is desirable because it preserves more open space, but that also removes land that can be sold by a developer and requires an entity to manage it. COMMISSION ACTION The Planning Commission can do one of the following: 1. Approve, with or without conditions, of the attached ordinance. 2. Deny, with findings, of the attached ordinance. 3. Table the request for further review/study. 7 | P a g e RECOMMEDNATION Staff recommends that the Planning Commission open a public hearing and gather all input on the draft ordinance amendment. Staff recommend that the Planning Commission discuss the proposed standards and the intent for development in Scandia. If the Planning Commissions wishes to move the ordinance forward, staff recommend the Planning Commission recommend approval of the UDC Amendment to establish 153.400.030 Subd. 4. Major Subdivision Design Standards. The following motion is recommended. Approval includes an ordinance: Motion to recommend the City Council approval of the attached ordinance to amend the Unified Development Code Section 153.400.020 Subd. 3 to establish major subdivision design standards and correct errors in the layout of the document, with the findings and conditions described within the staff report. The recommendation can be made with additional amendments to the ordinance. Attachments A. Draft Ordinance 2024-XX Amending Major Subdivision Design Standards B. Zoning Map C. Future Land Use Map. D. Subdivision Type Examples E. City Council "UDC Amendment for Village District Subdivision Design Standards” Packet, December 17, 2024 (Link Only) Removed Text: Strikethrough New Text: Red Underlined Page 1 of 5 CITY OF SCANDIA ORDINANCE NO.: 2025-XX AN ORDINANCE AMENDING THE SCANDIA UNIFIED DEVELOPMENT CODE SECTION 153.400.020 REGARDING MAJOR SUBDIVISON DESIGN STANDARDS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 2 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.400.020 Subd. 3, shall be amended by adding the underlined text and deleting the stricken text as follows: (A) General Standards III. Minor or Major Subdivision. Any subdivision that results in three or less lots shall be considered a Minor Subdivision. Any subdivision that results in four or more lots shall be considered a Major Subdivision. The additional standards and requirements in Section [153.400.020 Subd. 3 (I)] shall only apply to Major Subdivisions. Section 2 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.400.020 Subd. 3, shall be amended by adding the underlined text and deleting the stricken text as follows: (G) Streets, Access Spacing Guidelines. (H) VIII. Utilities Numbering within sections of the Unified Development Code shall be adjusted in tandem to include the amendments within this ordinance. Section 3 Amendment. The City of Scandia Unified Development Code (“Development Code”, or “Code”), Section 153.400.020 Subd. 3, shall be amended by adding the underlined text and deleting the stricken text as follows: (I) Major Subdivisions. Any subdivision that results in four or more lots shall meet or exceed the following: Buffers. A no build zone (buffer) between the proposed buildable lots and the subdivision boundary shall be derived as follows: Removed Text: Strikethrough New Text: Red Underlined Page 2 of 5 i. Streets 1. A 300-foot buffer from the centerline of an arterial street, or a 200- foot buffer from right-of-way, whichever is greater. 2. A 200-foot buffer from the centerline of a collector street, or a 100- foot buffer from right-of-way, whichever is greater. 3. A 100-foot buffer from the centerline of an existing local street, or a 50-foot buffer from right-of-way, whichever is greater. ii. Adjacent Property 1. A 100-foot buffer from all adjacent property lines; or 2. A 200-foot buffer from all existing residential dwellings within an abutting residential development, whichever is greater. iii. The buffer shall not be a part of a buildable lot. Areas within the buffer shall be platted as outlot and may contain sewage treatment systems and stormwater management facilities. Any common assets within the buffer must be maintained, ensuring standards within this code and any conditions included with the approval of the subdivision are maintained. Soils Analysis. A certified septic designer or soils scientist shall complete a review of the soils on the site, and categorize all areas as highly suitable for septic systems, moderately suitable for septic systems, or poorly suited for septic systems. Septic Design. Based on the soils analysis, an applicant must identify whether the proposed development will be serviced by individual septic tanks and drain fields, or via a system of individual septic tanks which utilize one or more communal drain fields. All sewage treatment systems shall be in compliance with Washington County Development Code Chapter Four Subsurface Sewage Treatment System Regulations. If individual septic tanks and drain fields can be supported by the available soils and is the chosen methodology to serve the development, all proposed lots must be able to provide primary and secondary drain field sites on each lot (outside of drainage and utility easements), and must meet the minimum lot size standards outlined herein. If individual septic tanks which utilize a communal drain field (or fields) is the chosen methodology to serve the development, then the locations for communal drain fields shall be identified within the areas deemed the most suitable on the site for supporting septic utilities according to the soils analysis. All such areas shall be clearly denoted on provided plan sets. Removed Text: Strikethrough New Text: Red Underlined Page 3 of 5 Identification of Preferred Building Pad Locations. Building pad locations, up to the maximum number of units permitted, which preserve natural topography and drainageways, minimize tree loss, protect historic sites or structures, and limit the need for soil removal and/or grading shall be identified. The orientation of individual building sites shall maintain maximum natural topography and ground cover. Building pads shall be located outside of required buffers and shall be sited so as to provide ample room for accessory structures on each proposed lot. If individual septic tanks and drain fields for each lot are to be utilized, locations for primary and secondary facilities for each proposed building pad shall also be identified. All such sites must be verified as being viable as a component of preliminary plat review. If individual septic tanks utilizing communal drain fields is intended, the plan must clearly identify which communal drain field will service each of the proposed building pads. Streets. All lots shall have access from a local street. No access shall be permitted to any lot from a street designated as an arterial or collector. Streets shall be designed and located in such a manner as to: i. Maintain and preserve natural topography, groundcover, significant landmarks, historic barns, and trees; ii. Minimize cut and fill; iii. Preserve and enhance both internal and external views and vistas; iv. Promote road safety; v. Ensure adequate access for fire and rescue vehicles; and vi. Ensure and promote adequate vehicular circulation both within the development and with adjacent neighborhoods. The design of streets and the dedication of right-of-way shall be in compliance with the city's current engineering design standards and specifications as may be amended. Streets shall not encroach into a required buffer area unless it can be demonstrated that such an alignment is necessary to achieve the goals outlined above, and that no equivalent option exists outside of the buffer. Driving surfaces that cross the buffer area at a 90-degree angle to provide current or future access to an adjacent property or boundary road shall be the only exception. Removed Text: Strikethrough New Text: Red Underlined Page 4 of 5 Stormwater Management Subdivisions shall be designed to minimize the number of stormwater management facilities required. Stormwater management facilities shall be located near and accessible from right-of-way where practicable. All stormwater management facilities including emergency overflow pathways shall be located within drainage and utility easements, and shall not promote surface flow outside of its respective easement. Emergency overflows from stormwater management facilities shall be directed away from adjacent properties towards public right-of-way or public drainage systems to the fullest extent practicable. Stormwater treatment standards shall meet or exceed those outlined in the Carnelian Marine St. Croix Watershed District stormwater management standards and/or the Minnesota NPDES permit conditions, whichever is more stringent. Landscaping and Screening In addition to landscaping requirements for individual lots established in this chapter, permanent vegetative screening with a depth of at least 20 feet shall be required to screen the development from all arterial and collector roads. Section 4 Amendment. The remainder of the code. Numbering within sections of the Unified Development Code shall be adjusted in tandem to include the amendments within this ordinance. Section 5 Effective Date. This ordinance shall be in full force and effect upon its adoption and publication. Removed Text: Strikethrough New Text: Red Underlined Page 5 of 5 Passed and adopted by the City Council of the City of Scandia this ____ day of _________ 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator Conventional Subdivision Lot Averaging Subdivision Conventional Subdivision Lot Averaging Subdivision with Buffer